Premchand Jairambhai Alias ... vs Bansilal Achraji Barot
2021 Latest Caselaw 400 Guj

        C/SCA/17271/2017                                             ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 17271 of 2017
                              With
      CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2019
         In R/SPECIAL CIVIL APPLICATION NO. 17271 of 2017
==========================================================
               PREMCHAND JAIRAMBHAI ALIAS DAYARAM
                              Versus
                     BANSILAL ACHRAJI BAROT
==========================================================
Appearance:
MR JA ADESHRA(107) for the Petitioner(s) No. 1
MR RAVI N SHAH(6513) for the Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                               Date : 12/01/2021

                                ORAL ORDER

1. RULE.

2. Heard learned advocate Mr. JA Adeshra and learned advocate

Mr. Ravi N Shah and learned advocate Mr. Bhavik R Shamani

for the respective parties through video conference.

3. Learned advocate Mr. Bhavik R Shamani for the applicant

has submitted that the applicant is the original-respondent

wherein the original applicant being aggrieved and

dissatisfied with the judgment and order passed by the Chief

Judge, Small Cause Court, Ahmedabad in Civil Misc.

Application No. 76 of 2016, has preferred the captioned

Application.

4. It is further submitted that during the pendency of the

aforesaid application, the original respondent passed away on

C/SCA/17271/2017 ORDER

10.07.2018, the copy of death certificate is also produced at

Annexure-I.

5. Learned advocate Mr. B R Samani has further submitted that

the present application is preferred by the applicant, who is

the only legal heir of the original appellant seeking joining as

party in the captioned Special Civil Application. The relevant

documents and copy of affidavit are produced at Annexure-II.

He has further prayed for condoning the delay of seven days

in filing the application.

6. Learned advocate Mr. JA Adeshra has no objection for the

same.

7. Having heard learned advocates for the respective parties

and considering the facts and circumstances of the case, the

present civil application for condonation of delay of seven

days in filing the application for bringing legal heirs is

allowed. The delay of seven days is condoned. Civil

application is allowed and accordingly disposed of. Rule is

made absolute.

8. Let the main matter be listed for final hearing on 17-02-2021.

Ad-interim relief granted earlier in the main matter, to

continue till then.

(DR. ASHOKKUMAR C. JOSHI,J) Radhika